SUBEDAR Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 22.2.2001 passed by the learned Additional Sessions Judge, Court No. 5, Unnao in Sessions Trial No. 13 of 1996 arising out of Case Crime No. 225 of 1994, Police Station Bangarmau, district Unnao whereby the appellant was convicted for the offence under Section 307 I.P.C. and was sentenced to undergo rigorous imprisonment for a period of seven years.

(2.) ACCORDING to the F.I.R., the case of the prosecution was that on 13.5.1994 in the night, complainant Ram Bharose was sleeping in his field along with his wife, to look after their field. Shiv Deen son of Maiku and Ram Bilas son of Gopi Charan were also sleeping in front of their houses. In the night, at about 2:00 a.m., Subedar (present appellant) along with Mool Chandra (real brother of appellant Subedar) armed with countrymade pistols, reached there and started abusing them and with the intention to cause death, fired on the wife of the complainant, Smt. Snankala, which hit on her neck. On the challenge raised by the complainant and the witnesses, the accused persons ran away towards south of the village. The accused persons were seen committing the offence in the torch light and were well recognized by the complainant and the witnesses. F.I.R. of this case was lodged by the husband of the injured on the same day i.e. 13.5.1994 at about 8:10 a.m. The distance from the police station to the place of occurrence, as per chik F.I.R., was 12 kilometers.

(3.) INJURED Shankala was referred for medical examination. Her medical examination took place on the same day at about 8:30 a.m. and following injuries were found on her person: -